Third District Court of Appeal
State of Florida
Opinion filed October 18, 2017.
Not final until disposition of timely filed motion for rehearing.
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No. 3D16-2677
Lower Tribunal No. 00-33692
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Othlone Russ,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Stacy D. Glick, Judge.
Othlone Russ, in proper person.
Pamela Jo Bondi, Attorney General, and Nikole Hiciano, Assistant Attorney
General, for appellee.
Before ROTHENBERG, C.J., and SALTER and LUCK, JJ.
PER CURIAM.
Othlone Russ appeals the summary denial of his postconviction motion
under Florida Rule of Criminal Procedure 3.850. His claim addresses the
constitutionality of his sentence following United States Supreme Court and
Florida decisions relating to juvenile non-homicide offenders. See, e.g., Henry v.
State, 175 So. 3d 675 (Fla. 2015).
We directed the State to file an answer brief in the present case, and the
State has conceded that this case should be remanded for consideration of the
resentencing provisions of chapter 2014-220, Laws of Florida, codified in sections
775.082, 921.1401, and 921.1402, Florida Statutes. The State has requested that
this case be held in abeyance, however, pending resolution of Franklin v. State,
No. SC14-1442, in the Florida Supreme Court.1
As we did in Miller v. State, 208 So. 3d 834 (Fla. 3d DCA 2017), and Ortiz
v. State, 42 Fla. L. Weekly D1620 (Fla. 3d DCA July 19, 2017), we reverse and
remand with direction that the trial court is to apply the resentencing provisions
identified above. We acknowledge that the State has sought discretionary review
of Miller2 and that the Florida Supreme Court has stayed proceedings in that case
1 Review granted November 28, 2016, 2016 WL 9454209, from Franklin v. State,
141 So. 3d 210 (Fla. 1st DCA 2014). The Florida Supreme Court docket discloses
that the Court dispensed with oral argument and that merits briefs were complete in
March 2017.
2 State v. Miller, No. SC17-325 (stayed pending disposition of Franklin May 3,
2017).
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pending disposition of Franklin. We decline to abate this appeal, but do so
recognizing that the State may seek review and a stay, as in Miller, in the Florida
Supreme Court pending disposition of Franklin.
Reversed and remanded for resentencing.
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